BILL NO. 43

(as introduced)

1st Session, 64th General Assembly
Nova Scotia
70 Elizabeth II, 2021

 

Government Bill

 

Motor Vehicle Act
(amended)

 

The Honourable Kim Masland
Minister of Public Works

First Reading: October 22, 2021

(Explanatory Notes)

Second Reading: October 26, 2021

Third Reading: November 4, 2021 (LINK TO BILL AS PASSED)

Explanatory Notes

Clause 1 allows for traffic signals for bicycles.

Clause 2 clarifies the powers of a peace officer where a person refuses to comply with a demand for drug or alcohol testing.

Clauses 3 and 4 allow a city, town or municipality to make regulations or by-laws respecting noise produced by vehicles.

An Act to Amend Chapter 293
of the Revised Statutes, 1989,
the Motor Vehicle Act

Be it enacted by the Governor and Assembly as follows:

1 (1) Subsection 93(1) of Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act, as amended by Chapter 42 of the Acts of 2004, is further amended by

(a) striking out the period at the end of clause (j) and substituting a semi-colon; and

(b) adding immediately after clause (j) the following clauses:

(k) green bicycle signal;

(l) yellow or amber bicycle signal;

(m) red bicycle signal.

(2) Subsection 93(2) of Chapter 293, as amended by Chapter 44 of the Acts of 2001, Chapter 41 of the Acts of 2004, Chapter 42 of the Acts of 2004, Chapter 54 of the Acts of 2005 and Chapter 45 of the Acts of 2007, is further amended by

(a) striking out "or" at the end of subclause (e)(iii);

(b) adding "or" at the end of subclause (e)(iv);

(c) adding immediately after subclause (iv) the following subclause:

(v) if a green bicycle signal is also exhibited, a cyclist facing the signal is permitted to proceed and make turns through the intersection,

(d) adding immediately after clause (i) the following clauses:

(ia) green bicycle signal - all bicycle traffic facing this signal may proceed unless otherwise directed by a traffic sign or a peace officer but shall yield the right of way to pedestrians lawfully in the crosswalk and other vehicles lawfully in an intersection;

(ib) yellow or amber bicycle signal - all bicycle traffic facing this signal shall stop before entering an intersection at the place marked or the nearest side of the crosswalk but not past the signal unless the stop cannot be made in safety;

(ic) red bicycle signal - all bicycle traffic facing this signal shall stop at the place marked or the nearest side of the crosswalk but not past the signal and shall remain stopped while facing this signal, provided that a cyclist may, if a stop is first made and the movement can be made in safety and is not prohibited by sign, proceed to make a right turn, but shall yield the right of way to pedestrians lawfully in a crosswalk and all other traffic lawfully proceeding through an intersection or on a highway;

2 Subclause 279A(1)(a)(ii) of Chapter 293 is repealed and the following subclause substituted:

(ii) has reason to believe that a person failed or refused to comply with a demand made on that person under section 320.27 or 320.28 of the Criminal Code (Canada),

3 Chapter 293 is further amended by adding immediately after Section 305 the following Section:

305A The council of a city, town or municipality may make regulations or by-laws respecting noise produced in connection with a vehicle, including

(a) defining what constitutes an objectionable noise;

(b) establishing a method of determining or measuring noise; and

(c) prohibiting the use or operation of a vehicle where the noise produced in connection with that vehicle is objectionable noise.

4 Subsection 306(1) of Chapter 293 is amended by adding "or 305A" immediately after "305" in the tenth line.

 

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This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2021 Crown in right of Nova Scotia. Created November 5, 2021. Send comments to legc.office@novascotia.ca.